BAIL/12564/2025 of SHUBHAM MISHRA Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO. AND 3 OTHERS on 18 December 2025

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The accused-applicant seeks bail in FIR/Case Crime No.382 of 2025 under sections 127(2), 351(2), 70(2), 137(2) BNS and section 5(g)/6 POCSO Act and section 67 IT Act, P.S. Sarojini Nagar, District Lucknow.

3. In terms of the FIR lodged on 05.11.2025, allegations were levelled that the informant is aged about 15 years and the for the last one month, she used to talk to the co-accused Vimal who called her on excuse and took her in Scorpio along with his two friends including the applicant to a Hotel where she was kept for two days and the main accused Vimal and Piyush have committed wrong on her and also threatened her. In the statement under section 180 BNSS, the victim stated that she knew the co-accused Vimal through an 'Instagram' and on his saying, she went along with the applicant in a Scorpio in which two other persons were also there including the applicant, she was taken to a Hotel where, the co-accused Vimal and Piyush formed relations against her consent, no allegation of rape were levelled against the applicant. However, in the statement under section 183 BNSS, for the first time, the victim stated that the applicant had also formed physical relations against her consent. The medical on record, done on 06.11.2025, does not corroborate or report any injury. Versus Counsel for Applicant(s) : Alok Srivastava Counsel for Opposite Party(s) : G.A. Shubham Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And 3 Others .....Opposite Party(s)

4. Considering the huge variance in the two statements particularly in context of the applicant and the medical not corroborating the allegations, the applicant who is in custody since 07.11.2025 and has no criminal history is entitle to bail. Thus the bail application is allowed.

5. Let the applicant Shubham Mishra be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. December 18, 2025 VNP/- BAIL No. 12564 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench